Chaos in Public Schools: Federal Courts Yield to Students While Administrators and Teachers Struggle to Control the Increasingly Violent and Disorderly Scholastic Environment

Authors

Michael C. Jacobson, Benjamin N. Cardozo School of Law

Abstract

The note argues that the current legal standard for restricting students' First Amendment rights in public schools, established by Tinker v. Des Moines, is inadequate as it requires schools to wait for disruptions before acting, potentially leading to violence. It advocates for a more proactive approach, allowing schools to suppress speech if there is a reasonable likelihood of disruption, based on factors like past incidents or specific threats. This proposed standard aims to balance safety with free speech while prioritizing a secure learning environment.

Disciplines

Courts | Education Law | Environmental Law | First Amendment | Internet Law | Law

Recommended Citation

Michael C. Jacobson, Chaos in Public Schools: Federal Courts Yield to Students While Administrators and Teachers Struggle to Control the Increasingly Violent and Disorderly Scholastic Environment, 3 Cardozo Pub. L. Pol’y & Ethics J. 909 (2006).
Available at: https://larc.cardozo.yu.edu/cplpej/vol3/iss3/11